Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/18/2018 01:30 PM Senate JUDICIARY
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB81 | |
| HB355 | |
| HB170 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 81 | TELECONFERENCED | |
| + | HB 355 | TELECONFERENCED | |
| += | HB 170 | TELECONFERENCED | |
| += | HB 208 | TELECONFERENCED | |
| + | HB 216 | TELECONFERENCED | |
| + | HB 342 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 81-DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK
2:04:34 PM
CHAIR COGHILL announced the consideration of SB 81. [CSSB
81(HSS) was before the committee.]
2:04:43 PM
STACIE KRALY, Chief Assistant Attorney General, Human Services
Section, Civil Division, Department of Law, Juneau, Alaska,
thanked the committee for hearing SB 81, relating to required
background checks for participation in programs such as Medicaid
and foster care. She explained that the bill is a technical
amendment to statutes that were enacted in 2005. It will improve
fairness for applicants without compromising the health, safety,
and welfare of the individuals who receive services. She noted
that background checks are required for anybody who provides
services that are paid for entirely or in part by the Department
of Health and Social Services.
MS. KRALY said SB 81 does three primary things:
• It conforms the criminal history statutes to clarify what
constitutes a civil history check.
• It renames two registries in current statute:
• The child abuse and neglect registry that is
maintained by the Office of Children's Services; and
• The civil history check registry that is maintained by
the Background Check Program within DHSS.
• It edits the licensing statutes in AS 47.32 to ensure the
state is meeting the health, safety, and welfare of
individuals receiving care in foster homes and assisted
living facilities. This includes: sharing information
without court orders or search warrants, and investigation
of individuals if they abuse or neglect a person in care,
as opposed to focusing solely on the entity.
MS. KRALY opined that SB 81 will maintain efficiencies, save
money, and provide better information for the people the state
regulates.
2:07:28 PM
CHAIR COGHILL asked if the ombudsman endorses these changes.
MS. KRALY answered yes; the Department of Health and Social
Services, the Department of Law, the Office of the Ombudsman,
and the Health and Social Services committees of both bodies
support the current committee substitute.
2:07:56 PM
SENATOR WIELECHOWSKI joined the committee.
CHAIR COGHILL advised that the Office of the Ombudsman is part
of the legislative branch.
SENATOR KELLY joined the committee.
2:08:30 PM
MS. KRALY provided an overview of the sections of SB 81 speaking
to the following document:
Section 1. Amends Title 12 of the Alaska statutes to
bring the Department of Public Safety criminal
background check process into compliance with federal
law; specifically, this amendment allows public safety
[to]share criminal history information with the
Department of Health and Social Services.
Section 2. This section makes conforming edits to
rename "Centralized Registry" to the "the civil
history database check" (AS 47.05.330) to more
accurately describe the current practice and avoids
confusion with the "the central registry" in AS
47.17.040 (see section 14).
Sections 3 and 4. These sections would amend AS
47.05.310(b) and 47.32.310(d) to clarify that barrier
crimes apply to individuals as well as entities.
Section 5. This section would amend AS 47.05.310(e) to
allow an individual to seek a background check. Under
the current law, only entities can seek a background
check. This section would also remove, at the request
of the Department of Public Safety, the designation of
the Department of Health and Social Services (DHSS) as
a criminal justice agency for purpose of the
background check program. (see also section 1).
Section 6. This section would amend AS 47.05.310(f) to
make it clear that DHSS may in addition to
exceptions to the barrier crime provisions approve a
variance for a barrier crime.
Section 7. This section would amend AS 47.05.310(h) to
address how a non-licensed provider, such as a
relative who is receiving payment by the Office of
Children's Services, is treated under the statute.
This amendment would make it clear that such
providers, while not being paid by DHSS, are still
subject to background checks prior to placement.
Section 8. This section would add a new section to AS
47.05.310 to address immunity from civil or criminal
liability for reporting during the background check
process.
Section 9. This section would provide a similar
framework for the civil history database checks as
background checks (see AS 47.05.310). This means that
the same process applies to a person who is found to
have a barring criminal conviction under AS 47.05.310
as well as a barring civil finding under AS 47.05.330.
Section 10. This section would repeal and reenact
current statute to outline how the department will
review existing databases, rather than create a
separate database for the civil history checks. This
section further provides that information reviewed
would be confidential and is not subject to a public
records request.
Specifically, this section:
? Clarifies that we are looking to evaluate health,
safety, and welfare issues when reviewing databases
related to licensed entities, not technical violations
that may lead to a nonrenewal, suspension or
revocation of a license;
? Clarifies that we are looking to identify persons
whose children are subjects of a child in need of aid
petition;
? Clarifies that we are looking to evaluate health,
safety, and welfare issues when reviewing databases
related to licensed providers (occupational licensing
under AS 08), not unrelated technical violations;
? Adds that a person who works for the state not
just the Department of Health and Social Services is
subject to a barring condition if they are terminated
from employment for a substantiated allegation of
assaultive, neglectful, or exploitive behavior.
Section 11. This would amend the current immunity
section to reflect the change to civil history
database check.
2:11:01 PM
SENATOR WIELECHOWSKI directed attention to the language in
Section 10 on page 6, lines 23-26. He asked if the databases the
department will identify for review are limited to Alaska
databases.
MS. KRALY said no; a primary database DHSS reviews is the Office
of Inspector General Database for Medicare and Medicaid
exclusions and fraud. Individuals on that list are prohibited
from participating in the state's Medicaid Program.
SENATOR WIELECHOWSKI asked if DHSS could use exclusionary
information from a database it had not identified if someone
brought that information to their attention.
MS. KRALY explained that the regulations that outline the
databases DHSS currently uses would need to be amended before
they could rely on a new database to exclude someone.
She continued the sectional summary for SB 81.
Section 12. This would establish a new section to
address the ability to seek a variance for any finding
under this chapter and how to appeal a decision if
there is disagreement with any decision made by DHSS,
including providing a legal mechanism to share
information held by the Office of Children's Services
for proposes of pursing a variance.
Section 13. This section would amend AS 47.05.390(6)
to expand the definition of "entity" to include an
individual service provider.
Section 14. This section amends AS 47.10.093(b) to
allow for the sharing of information in the possession
of OCS that will be necessary to pursue a variance as
provided in section 12 of this bill.
Section 15. This section would rename the central
registry maintained by the Office of Children's
Services to the "child protection registry" to avoid
confusion [between names in existing statute.] It also
clarifies what is maintained on this registry,
including substantiated findings under AS 47.10 or AS
47.17.
Section 16. This new subsection would clarify that
before a substantiated finding can be placed on the
child protection registry, the person must have been
afforded notice of the finding and the opportunity to
challenge the finding.
Section 17. This section would make a conforming edit
to AS 47.32.010(c) replacing the centralized registry
with civil history database check.
Section 18. This section would amend AS 47.32 to
provide authority for DHSS to consider prior adverse
licensing findings in determining whether to grant or
deny a license or whether to place a condition on a
license.
Section 19. This would add a new section to make it
clear that when there is an allegation that an
employee or individual affiliated with a licensed
entity is alleged to have engaged in any behavior that
would impact the safety or welfare of a resident, the
department may investigate that individual and issue a
report on the findings of that investigation. This
section would further provide that if a finding of
abuse or neglect is substantiated then that finding
will be part of the civil registry process and may
result in a person being prohibited from employment or
licensure in the future. This section would also make
it clear that before such a finding can be used, due
process must be afforded.
Section 20. This is technical fix to rename the
"registry" to the "civil history database."
Section 21. This is technical fix that would clarify
when formal hearings are required when an enforcement
action is taken after a licensing investigation.
Section 22. This would add a new section to clarify
that when law enforcement is investigating a crime
that is also the subject of a licensing investigation,
the material gathered by DHSS may be shared with the
law enforcement as a matter of law in a concurrent
investigation.
Section 23. This section would clarify that all
divisions who implement AS 47.32 may share information
with each other for the purpose of administering the
licensing programs at DHSS.
Section 24. This section would repeal reference to
provisions of the current law that are no longer
necessary as a result of the prior sections of this
bill.
Section 25. This is an applicability section for
purposes of applying the criminal and civil background
checks before, on, or after the effective date of this
act.
Section 26. This section would advise the revisor
regarding title changes to reflect amendments in this
act, including the change to include the civil history
registry.
Section 27. This provides for an immediate effective
date.
2:15:34 PM
SENATOR COSTELLO asked if she foresees a problematic transition
period if additional background checks are needed.
MS. KRALY said no, because the bill doesn't change the existing
background check process.
SENATOR WIELECHOWSKI directed attention to the language in
Section 15 on page 10 that requires DHSS to maintain a child
protection registry. He asked if there is a limit on how long
that information must be kept.
MS. KRALY advised that it refers to the Online Resource for the
Children of Alaska (ORCA) database that is required by federal
law and maintained by the Office of Children's Services. That
information is maintained under public records almost in
perpetuity due to the age of the individuals.
SENATOR WIELECHOWSKI asked if the information in that registry
is discoverable under the Freedom of Information Act.
MS. KRALY said no.
2:17:08 PM
CHAIR COGHILL stated he would hold SB 81 in committee and bring
it up again tomorrow.